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NC: 2024:KHC:40767
RFA No. 333 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 30 DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL No.333 OF 2015 (PAR)
BETWEEN:
1. SRI SHIVABASAPPA
S/O BETHUR THIPPANNA
AGED ABOUT 50 YEARS
R/O D NO.35, DODDAPETE
DAVANAGERE 577 002
2. SRI SIDDALINGAPPA
S/O BETHUR THIPPANNA
AGED ABOUT 45 YEARS
R/O D NO.35, DODDAPETE
DAVANAGERE -577 002
3. SMT SHASHIKALA
W/O LATE CHANNAPPA
MAJOR
R/O D NO.35, DODDAPETE
Digitally DAVANAGERE -577 002
signed by
MALATESH
4. SRI PUNITH
K C
S/O LATE CHANNAPPA
Location:
AGED ABOUT 27 YEARS
HIGH
COURT OF R/O D NO.35, DODDAPETE
KARNATAKA
DAVANAGERE -577 002
5. KUM PAVITHRA
D/O LATE CHANNAPPA
AGED ABOUT 20 YEARS
R/O D NO.35, DODDAPETE
DAVANAGERE 577 002
…APPELLANTS
(BY SRI B.M.SIDDAPPA, ADVOCATE)
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NC: 2024:KHC:40767
RFA No. 333 of 2015
AND:
1. SMT NEELAMMA
W/O PARAMESHWARAPPA
MAJOR, HOUSEWIFE
ND RD
2 MAIN, 3 CROSS
VIJAYANAGAR
DAVANAGERE 577 002
2. SMT SARVAMANGALAMMA
W/O K M NAGARAJAPPA
MAJOR, HOUSEWIFE
KOLAGATTE VILLAGE
HONNALI TALUK
DAVANAGERE DISTRICT -577 002
3. SRI THIPPESWAMY
S/O BETHUR THIPPANNA
DEAD BY LEGAL REPRESENTATIVES
3(a) GOWRAMMA
W/O THIPPESWAMY
AGED ABOUT 65 YEARS
3(b) KUMARA
S/O THIPPESWAMY
AGED ABOUT 34 YEARS
3(c) DHANAMMA
W/O PRAKASH
D/O THIPPESWAMY
AGED ABOUT 31 YEARS
ALL ARE R/O #810,
NEAR DR.SUSHILAMMA HOSPITAL
HONDADA ROAD,
DAVANAGERE-577 501
…RESPONDENTS
(BY SRI P.M.GOPI FOR SRI SIDDAMALLAPPA P M, ADVOCATES
FOR R1 AND R2;
VIDE ORDER DATED 30.09.2024, R3(a) to R3(c) ARE DELETED)
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NC: 2024:KHC:40767
RFA No. 333 of 2015
THIS RFA IS FILED UNDER SECTION 96 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 13.11.2014
PASSED IN O.S.NO.125/2010 ON THE FILE OF THE III ADDL.
SENIOR CIVIL JUDGE, DAVANAGERE, DECREEING THE SUIT
FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
Appellants and respondent Nos.1 and 2 are present.
2. A compromise petition under Order XXIII Rule 3 of the
Code of Civil Procedure signed by the parties and their
respective advocates, is presented before the Court.
3. The contents of the compromise petition are read over to
the parties in Kannada language. Parties submit that the terms
of the compromise petition depict the true terms of settlement.
They also unequivocally submit that there is no force, coercion
or undue influence in reaching out the compromise.
4. Accordingly, there is no impediment for this Court to
accept the compromise petition and dispose of the appeal in
terms of the compromise petition.
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NC: 2024:KHC:40767
RFA No. 333 of 2015
5. Hence, the following:
ORDER
(i) Appeal stands disposed of in terms of the
compromise petition.
(ii) Office is directed to pass modified decree in
terms of the compromise petition appending
the copy of compromise petition as part of
the decree.
(iii) No order as to costs.
(iv) Appellants are entitled for the refund of
permissible Court Fee.
Sd/-
(V SRISHANANDA)
JUDGE
kcm
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